How senators plan to regulate AI: Law Decoded, September 4-11

Senators Richard Blumenthal and Josh Hawley's executive stresses that tech companies can't rely on liability protections to shield them from legal proceedings.

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Last week, two US senators unveiled bipartisan proposed legislation on artificial intelligence (AI). The framework proposed by Senators Richard Blumenthal and Josh Hawley argues for compulsory licensing for AI companies and makes clear that technology liability protections will not shield these companies from lawsuits.

The framework proposes creating a licensing system overseen by an independent regulator. It requires developers of AI models to register with this oversight entity, which would have the authority to conduct audits of these licensing applicants. He also suggests that Congress make clear that Section 230 of the Communications Decency Act, which provides legal protections to tech companies for third-party content, does not extend to AI applications. p>

Blumenthal and Hawley, who lead the Senate Judiciary Subcommittee on Privacy, Technology and the Law, also revealed plans to hold a hearing. This hearing will include testimony from prominent figures, such as Brad Smith, vice president and president of Microsoft; William Dally, chief scientist and senior vice president of research at Nvidia; and Woodrow Hartzog, professor at Boston University Law School.

A previous attempt to begin a regulatory dialogue on AI was made by Senate Majority Leader Chuck Schumer, who also introduced a framework on AI in June. His framework described a broad range of fundamental principles, as opposed to the more detailed measures proposed by Hawley and Blumenthal.

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